Ezz, R (on the application of) v HM Treasury [2016] EWHC 1470 (Admin) (23 June 2016)

Ezz, R (on the application of) v HM Treasury [2016] EWHC 1470 (Admin) (23 June 2016)

HM Treasury's use of the PPP conversion rate to adjust maximum SCCO London legal rates for assessing reasonable legal fees in Egypt was not irrational given the lack of evidence from the claimant about comparable Egyptian legal fees. The approach was within the range of reasonable responses available to HM Treasury under the relevant regulations.

Citation
[2016] EWHC 1470 (Admin)
Parties
Claimant: Ahmed Ezz; Defendant: HM Treasury
Jurisdiction
England and Wales
Judgment Date
23 June 2016
Procedural Posture
Judicial Review / Substantive Hearing Following Rolled Up Permission and Merits Hearing
Outcome
Permission granted; claim for judicial review dismissed.
Legal Topics
Reasonableness of Legal Fees, Asset Freezing Regulations, Judicial Review, Interpretation of EU Regulations, Use of PPP Conversion Rates
Administrative Law European Union Law Asset Freezing Reasonableness of Legal Fees Asset Freezing Regulations Judicial Review Interpretation of EU Regulations Use of PPP Conversion Rates

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Parties

Ahmed Ezz

Claimant

HM Treasury

Defendant

Procedural Posture

Judicial Review / Substantive Hearing Following Rolled Up Permission and Merits Hearing

Legal Issues

  1. 1 Whether HM Treasury's use of the PPP conversion rate to assess reasonable legal fees for the release of frozen funds was irrational under the relevant regulations
  2. 2 Whether the claim was out of time

Ratio Decidendi

HM Treasury's use of the PPP conversion rate to adjust maximum SCCO London legal rates for assessing reasonable legal fees in Egypt was not irrational given the lack of evidence from the claimant about comparable Egyptian legal fees. The approach was within the range of reasonable responses available to HM Treasury under the relevant regulations.

Court Disposition

Permission granted; claim for judicial review dismissed.

Orders

  • Permission to apply for judicial review is granted.
  • The claim for judicial review is dismissed.